Services Privacy Policy

Content

A. GENERAL PROVISIONS

B. EUROPEAN PERSONAL DATA

C. US PERSONAL DATA

D. CANADIAN PERSONAL DATA

E. LIST OF GROUP COMPANIES

F. THIRD PARTY SUPPLIER LIST

This Privacy Policy is issued on behalf of the Virtusales Group of Companies listed at the end of this Privacy Policy. Any reference to “we”, “us” or “our” in this Privacy Policy, is referring to the relevant company in the group responsible for the processing of your personal data.

We are committed to protecting and respecting your privacy.

This privacy policy, (“Privacy Policy”) and any other documents referred to in it, set out the basis on which we collect and process your personal data as a data controller, when you access or use BiblioSuite, Tracker or Royalty Portal (“Services”).

Please note:

This Privacy Policy does not apply to any data processed by us when acting as a data processor on behalf of a customer or publisher, when their users access or use the Services as an employee or end-user. We process such information you have shared with your employer or publisher as their data processor and such processing is subject to the provisions of our data processing agreement.

When using the Royalty Portal as the end-user of a publisher to access your royalty statements we recommend that you also review the privacy policy of your publisher, who is also a data controller of your personal data.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using BiblioSuite, Tracker or Royalty Portal you are accepting and consenting to the practices described in this Privacy Policy. The Services are not intended for use by children and we do not knowingly collect information relating to children.

A. GENERAL PROVISIONS

DATA CONTROLLER

For the purposes of EU and UK data protection laws and any applicable national implementing laws, regulations and secondary legislation relating to the processing of personal data (together “Data Protection Law”), the data controller is Virtusales.Com Limited, of Sheridan House, 112-116 Western Road, Brighton and Hove, BN3 1DD, UK.

LEGAL BASIS FOR PROCESSING

We will only use your personal data when the law allows us to. The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

Performance of a contract with you:
To fulfil our contractual obligations to your employer (or publisher, in the case of Royalty Portal end-users).
Legitimate Interests:
Where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example to prevent fraud and enable us to give you the best and most secure user experience.
Legal obligation:
We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
Consent:
We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.

PERSONAL DATA WE MAY COLLECT ABOUT YOU

We may collect and process personal data about you. Personal data, or personally identifiable information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data). We collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data: includes first name, maiden name, last name, user name or similar identifier, title and date of birth.
Contact Data: includes delivery address, email address and telephone numbers, business name.
Financial Data: includes bank account details.
Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Services.
Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data: includes information about how you use our Services, including the full Uniform Resource Locators (URL) clickstream to, through and from our Services (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Aggregated Data: We also collect, use and share statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

HOW PERSONAL DATA IS COLLECTED

The majority of the personal information we handle as the data controller is obtained directly from you or your employer for the following purposes:

Direct Interactions - you or your employer have given us Identity, Contact and Financial Information when you have contacted us directly by post, phone, online, email or otherwise. This includes personal data you provide to use when you request logins for the Services, register to use the Services, request marketing to be sent to you, carry out a search in the Services, give us feedback or contact us when you report a problem with the Services.
Purchases – when you make purchases with the Services for your employer, or register for an event or webinar we may require you to provide your Identity, Contact, Financial and Transaction Data.
Automate Technologies or Interactions - as you interact with the Services or emails, we automatically collect Technical Data about your device, browsing actions, patterns, Location Data and Usage Data. We collect this personal data by using cookies, server logs, web beacons, pixels, and other similar technologies about your device, and your use of the Services. We may also receive Technical Data and Location Data about you if you visit other websites using our cookies. Please see the Cookie section below for further details.

PERSONAL DATA WE RECEIVE FROM OTHER SOURCES

We work closely with the third parties set out in our Third Party Supplier List and we may receive the following personal data about you from them:

Technical Data:
from analytics providers, advertising networks and search information providers.
Contact, Transaction and Financial Data:
from providers of technical, payment and delivery services.
Identity and Contact Data:
from providers of chat/communication/helpdesk services with customers including via email.
Email Communications and Contact Data:
from providers of email communications service providers.
Business Contact and Financial Data:
from CRM service providers who manage contacts and keep a record of communications/ interactions with customers.
Contact Data and Financial Data:
from cloud accounting systems that store email and names of persons sent invoices by email.

We use cookies to distinguish you from other users of our Services. This helps us to provide you with a good experience and also allows us to improve our Services.

What are cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. Cookies can be “persistent” or “session” cookies.

We use persistent cookies and session cookies.

Persistent Cookies

A persistent cookie is stored on a user’s device in between browser sessions which allows the preferences or actions of a user across the Services (or in some cases across different websites) to be remembered. We use persistent cookies to save your login information for future logins to the Services.

Session Cookies

A session cookie allows the Services to link your actions during a browser session. We use session cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by users and web traffic routing. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser.

Which cookies we use and why

The table below explains the cookies we use and why we use each of them.

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit.

Pixel-Tags

We may use "pixel tags," which are small graphic files that allow us to monitor the use of the Services. When corresponding with you via email from Tracker, we may use pixel tag technology, which lets us know whether you received and opened our e-mail.

Do not track

We do not support Do Not Track (“DNT”).

Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser.

USES MADE OF PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

We will not sell or rent your personal data to anyone. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

DISCLOSURE OF YOUR PERSONAL DATA

Personal data we share with third parties.

We may share your personal data with the third parties set out in our Third Party Supplier List for the purposes set out in the table above. Below is a summary of the types of third parties used:

Any member of our Group.
Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you to provide services such as IT and system administration services, email communications, hosting services, backup services.
Analytics and search engine providers that assist us in the improvement and optimisation of our Site and Services.
Professional advisors acting as service providers to us in relation to the Site or Services - such as auditors.

Personal data we disclose to third parties. We may disclose your personal data, where necessary, to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If we or a member of our group of companies are acquired by a third party, in which case personal data held by them about their customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions, terms of use and/or any other legal agreements; or to protect our rights, property, safety, or that of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Including Aggregated Data in the normal course of operating our business; for example, with our customers to show trends or benchmark the general use of our Services.

We require all third parties to respect the security of your personal data and to treat it in accordance with applicable law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL TRANSFERS

Our Services are global and your personal data may be stored and processed in any country where we have operations or our staff are located. When we share your personal data within our Group this will involve transferring your data to our offices in the UK, Germany, the USA and Canada.

We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve a transfer of your personal data to countries outside of your country of residence, where data protection rules are different from those of your country of residence.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share any password with anyone. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will endeavour to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Services. Any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

DATA RETENTION

We will only retain personal data for as long as reasonably necessary to fulfil the purposes for which it was provided or collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint, if we reasonably believe there is a prospect of litigation in respect of our relationship with you, to comply with law enforcement requests, maintain security, prevent fraud and abuse, resolve disputes or enforce our legal agreements, or fulfil your request to “unsubscribe” from further messages from us.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

This will be for as long as we provide access to the Services to you, your account with us remains open or any period set out in any relevant contract you have with us.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with your) after your account has been closed and we may use this for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Please note: After you have closed your account or deleted information from your account, any information you have shared with others will remain visible. We do not control data that other users may have copied from the Services. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache.

COMPLAINTS

Our intention is to meet the highest standards when collecting and using personal data. For this reason, we take complaints we receive very seriously. We encourage users to notify us if they think that our collection or use of personal data is unfair, misleading or inappropriate. If you have any complaints about our use of your personal data, please contact us as set out at the end of this Privacy Policy or you have the right to make a complaint to your local data protection supervisory authority.

AGE OF USERS

The Services are not intended for and shall not be used by anyone under the age of 16.

THIRD PARTY LINKS

Our Services may, from time to time, contain links to and from third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Please note that these third party websites, plug-ins and applications have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third party websites, plug-ins or applications.

CHANGES TO OUR PRIVACY POLICY

We keep our Privacy Policy under regular review. Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Privacy Policy.

This Privacy Policy was last updated on 01/03/2024 and this version replaces any other Privacy Policy previously applicable from this date.

YOUR DUTY TO INFORM US OF CHANGES

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, for example a new email address.

CONTACT

If you have any questions, comments or requests regarding our privacy practices or about this Privacy Policy please contact us as follows.

By post: Virtusales.com Limited, Sheridan House, 112-116 Western Road, Brighton and Hove, BN3 1DD, UK.

By email: dataprotection@virtusales.com.

B. PROVISIONS ONLY APPLICABLE TO EUROPEAN PERSONAL DATA

INTERNATIONAL DATA TRANSFERS

When we transfer UK, EU or Swiss personal data to countries whose laws do not provide the same level of data protection as the UK, the EU or Switzerland, we always ensure that a similar degree of protection is afforded to your data by ensuring that one of the following applicable safeguards is in place:

We will only transfer UK personal data outside of the UK to: (i) countries deemed by the ICO to provide an adequate level of protection for UK personal data; or (ii) entities located outside of the UK with whom standard contractual terms approved for use in the UK which give the transferred personal data the same protection as it has in the UK have been entered into, for example the International Data Transfer Addendum, (IDTA) to the European Commission’s standard contractual clauses for international data transfers or binding corporate rules (BCRs); or (iii) entities located in the USA certified under the UK Extension to the EU-U.S. DPF; or (iv) any entity located outside of the UK that is subject to any other transfer mechanism, bespoke contract, approved code of conduct or certification scheme approved by the ICO.

We will only transfer EU personal data outside of the EEA to: (i) countries deemed by the European Commission to provide an adequate level of protection for EU personal data; or (ii) entities located outside of the EEA with whom standard contractual terms approved for use in the EU which give the transferred personal data the same protection as it has in the EU have been entered into, for example the European Commission’s standard contractual clauses for international data transfers, (EU SCCs) or binding corporate rules (BCRs); or (iii) entities located in the USA certified under the EU-U.S. DPF; or (iv) any entity located outside of the EEA that is subject to any other transfer mechanism, bespoke contract, approved code of conduct or certification scheme approved by the European Commission.

We will only transfer Swiss personal data outside of Switzerland to: (i) countries deemed by the Swiss Data Protection Authority to provide an adequate level of protection for Swiss personal data; or (ii) entities located outside of Switzerland with whom standard contractual terms approved for use in Switzerland which give the transferred personal data the same protection as it has in Switzerland have been entered into, for example the European Commission’s standard contractual clauses for international data transfers, (EU SCCs) or binding corporate rules (BCRs); or (iii) entities located in the USA certified under the Swiss-U.S. DPF; or (iv) any entity located outside of Switzerland that is subject to any other transfer mechanism, bespoke contract, approved code of conduct or certification scheme approved by the Swiss Data Protection Authority.

To obtain a copy of any of the above these contractual safeguards, please contact us as set out at the end of this Privacy Policy.

Please note that our Services are accessible via the internet and may potentially be accessed around the world. Users may access the Services from outside the EEA, Switzerland or the UK. This means that where you chose to add your personal data via the Services, it could be accessed from anywhere around the world and therefore a transfer of your personal data outside of the EEA, Switzerland or the UK may be deemed to have occurred.

YOUR LEGAL RIGHTS

You have a number of rights under Data Protection Law in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a “subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Request restriction of the processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Object any time to the processing of your personal data for direct marketing purposes.

Withdraw consent at any time where we are relying on consent to process your personal data as the legal basis for using your data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the above rights, please contact us as set out at the end of this Privacy Policy.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We will try to respond to all legitimate requests within 30 days and will deal with requests we receive from you, in accordance with the provisions of Data Protection Law. Occasionally it could take us longer, if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

DATA RETENTION

By law we have to keep basic information about our customers (including Contact Data, Identity Data, Financial Data and Transaction Data) for 6 years after they cease being customers for tax purposes.

COMPLAINTS

For UK individuals:
The Information Commissioner’s Office at, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.

For EU individuals:
Our lead supervisory authority is the Irish Data Protection Authority – The Data Protection Commission (DPC).

C. PROVISIONS ONLY APPLICABLE TO US PERSONAL DATA

US PERSONAL DATA

Virtusales is dedicated to safeguarding and respecting data privacy across all its business operations. US consumers are granted specific rights concerning their personal information, contingent upon their place of residence and subject to local state specific data protection laws.

Under state privacy laws, consumers may possess a range of data rights, including:

The right to request information about the collection of their personal data by Virtusales.
Access to personal data collected.
Correction or deletion of personal data.

While consumers retain the right to opt-out of personal data sales, it's important to note that Virtusales is committed to never selling your data.

In order to provide services, Virtusales must collect and process information about users, ensuring it's used for clearly stated business purposes. We do not use or disclose your sensitive data for purposes other than those listed in our privacy policy, without your consent, or as permitted or required under applicable laws.

D. PROVISIONS ONLY APPLICABLE TO CANADIAN PERSONAL DATA

CANADIAN PERSONAL DATA

Virtusales ensures compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA). This commitment underscores our dedication to maintaining the highest standards of data protection and privacy for our customers and stakeholders. Under PIPEDA, individuals are granted rights concerning the privacy of their personal information.

E. LIST OF VIRTUSALES GROUP COMPANIES

This Privacy Policy covers all Virtusales Group Companies, as follows:

Virtusales LLC	USA
Virtusales Canada Inc.	Canada
Virtusales GmbH	Germany
Virtusales.com Limited	UK

F. THIRD PARTY SUPPLIER LIST